Alaska Pride is a political blog dealing with issues of particular interest to Alaskans and those interested in Alaska. As Alaska's most politically incorrect blog, Alaska Pride addresses multiple issues ranging from politics, the environment, religion, and even race. I also seek to educate Outsiders about the real Alaska - why we cost more, and why it's a worthwhile investment for America.

Tuesday, December 30, 2008

Post updated to include more current KTUU news video aired December 30th, reporting on final outcome of Wet Lab test.

Would you pay $20,000 for a martini? Or even a bottle of vintage wine? Probably not. But if a single martini puts you over Alaska's .08 DUI limit, it could end up costing you as much as $20,000, according to calculations by KTUU Channel 2. Full story HERE with two news videos.

Alaska's DUI penalties are spelled out in AS 28.35.030, viewable HERE.

Oh, and that's assuming what I call a "simple" DUI. That means NO accident, and NO injuries, fatalities, or property damage. And there's another cost not reflected above. Do you drive for a living? If you're a UPS or FedEx driver, for example, and you get socked with a DUI, you might get transferred to package sorting...if you're lucky and they have an opening. More likely you will get FIRED.

So naturally, the next question is, how do you avoid a DUI? Ideally, without drinking. But the use of alcohol is still legal, despite MADD's efforts, so the next question is "how much can you drink and still remain under the limit"? The second KTUU news video addresses this issue. A "Wet Lab" experiment was conducted at the Anchorage Police Department Training Center, and here were some of the findings after an hour of so of social drinking (test subjects blew into a breathalyzer after the indicated number of beers):

However, one can be arrested for DUI in Alaska without being over the limit. According to AS 28.35.033, the .08 standard simply means you are presumed to be intoxicated. There is a separate .04 standard, below which you are presumed not to be intoxicated regardless of any field sobriety tests or other subjective evidence. However, if you blow between .04 and .08, you may still be arrested and convicted for DUI if the BAT is accompanied by other evidence, such as failure of a field sobriety test.

From the results of the "Wet Lab", you can see that there is some wiggle room. But when you're at a bar or party, you can easily lose track of time as well as the number of drinks. You can underestimate the amount of alcohol in your system, as the Wet Lab test subjects proved when they all blew .09 or higher after six drinks in 2 1/2 hours.

So how likely is it that you will get caught? Because Alaska has not legislatively empowered Alaska cops to conduct controversial roadside "sobriety checkpoints" like other states, not as likely as other states. But Alaska cops surge during holidays and patrol our streets and highways more vigorously. The law of averages says you will, at some time, get caught. Whether or not our penalties for first-time DUI are too draconian is irrelevant to this particular discussion; they exist, and you risk incurring them if you break the law.

My concerns about MADD and their true motives were previously discussed in this September 2006 post. Also see this December 2007 post, where I discuss a Men's Health Survey which showed that Anchorage was found to be "the second most drunk city in the United States".

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It's time for Americans to take America back! America has been in the hands of special interests too long. Sometimes it's necessary to set aside the labels; while I prefer the conservative solution, sometimes you gotta go to the left. Sometimes capitalism requires an occasional daub of socialism to smooth its sharper edges.